Terms & Conditions
pleased that you chose ITSS web hosting service to host your web pages.
IMPORTANT: Please read the Agreement of ITSS below carefully and thoroughly.
Print it out and save a copy for your records. By signing up for a web site,
you agree to the terms and conditions contained in this Agreement for ITSS.
If you are unclear or do not agree with the terms and conditions included
in the Agreement for ITSS. or would like to cancel your ITSS account, please
Terms of Service.
WHEREAS, ITSS. distributes and provides various products and services that
enable entities to publish and maintain World Wide Web pages by way of ITSS.
web hosting services. WHEREAS, Customer desires to utilize the ITSS to develop
Customer's presence on the World Wide Web. NOW, THEREFORE, in consideration
of the mutual promises set forth herein, the parties agree as follows:
(A) General Service
(1) You agree to use all ITSS services in a manner consistent with all applicable
laws, including not using your web site to post any defamatory, threatening,
or untrue statement, any gambling activities, or any material that infringes
the proprietary rights of another person. You agree that you (not ITSS)
are the author and publisher of and are solely responsible for the content
of all material posted to your web site, regardless of the source of that
material. ITSS has no obligation to approve, review, or verify the content
of any such material. Customer warrants that it owns all rights to all material
it provides to ITSS or posts to its web site, including all copyrights and
(2) The web site shall not be used to store pornographic material. Sites
containing adult material, although not necessarily pornographic, are also
prohibited. Your server may NOT be used for the sending of unsolicited or
bulk E-Mail. Customer may not reference its web site in or be referenced
in any unsolicited or bulk E-Mail, whether sent through this server or not.
We have a strict policy of not hosting any sites that participate in any
form of unsolicited or bulk E-Mail (called "spamming"). ITSS reserves the
right to determine what constitutes "adult material" or "spamming".
(3) All ITSS web sites come with a 30 day money-back guarantee from the
date of this agreement. This excludes any Register domain name fees needed
to reserve your domain name. Refund requests must be received in writing
from you on or before the end of the 30 day guarantee period. All fees paid
to ITSS become non-refundable once the 30 day guarantee period has expired.
(4) The initial hosting period begins from the date of this agreement and
continues for the number of months selected below. Billing is done in advance
for each hosting period and for a minimum of one (1) month at a time. It's
the responsibility of customer to arrange for web site design. Web site
design is NOT included in the setup, hosting, Register, or search engine
(5) Unless you have an existing domain name, Register will bill you for the
domain registration. ITSS will handle the movement of an existing domain
for you at no extra charge. There is a fifty dollar fee for new registrations.
There is no Register charge to move an existing domain name as long as you
are the legal owner of the domain. All Register fees are non-refundable.
(6) If paying by credit card, you authorize ITSS to charge your credit card
for the Total Charges amount shown below and you agree to pay these charges
as required by your credit card issuer's agreement. You also authorize ITSS
to charge your credit card automatically for each hosting period thereafter
unless you inform us, in writing, not to do so at least 30 days prior to
the start of the next hosting period. ITSS requires 30 days written cancellation
notice for all web sites.
(7) There is a $50.00 charge for all returned checks and a $75.00 charge
for re-activation of any disconnected web site. ITSS reserves the right
to deactivate any web site account at any time, if the web site account
is in violation of any terms or conditions of this agreement or if your
account is not paid current.
(8) We agree to provide account access to you through our host computers
but only on the following basis
?We will provide you with an identification code to enable access to our
?We will make genuine and commercially reasonable efforts to make the services
you have subscribed for available to you 24 hours a day and, if the system
malfunctions, to restore those services as soon as reasonably possible.
?But if in spite of those efforts, we cannot provide or restore the service
(even if the failure is our fault) we are not liable to you. We explain
what this means in the section entitled "Limits on our Liability".
(9) The reasons for these limits on our service levels are because:
?We do not own or control all the facilities and communication lines necessary
for access, and therefore, we cannot guarantee that the service will be
uninterrupted or error free.
?Our services may be used by you for purposes we do not know about and
have no control over.
(10) You will maintain the security of your accounts and password. You agree
to change your password when requested to do so by us.
(11) As we do not own or control all of the various facilities and communication
lines through which access may be provided to you, we are not responsible
(12) You agree that you will not cause or help to cause the security or
integrity of this or any other linked computer system to be compromised
whether by way of hacking, introducing harmful code or in any other way.
(B) Email Service
Our email service is important to you and our other subscribers. As a condition of your
use of our email service you agree as follows:
(1) You agree to remove your email from our mail server promptly and to
keep the space used by your files on the system below 1 megabyte. We have
the right to remove email data in excess of 1 megabyte left by you on
our mail server. If you have not made a special arrangement with us, we
will not be liable for any loss of data because of your failure to housekeep
(2) You agree not to send multiple , unsolicited email (SPAM or UCE),
to single or multiple users whether or not this is for business purposes.
(3) Generally, you agree to obey the developing rules of Netiquette. These
are the general rules of good and considerate behavior on the Internet
as a world wide and open community. Any failure to obey these rules will
result in a warning. If we consider the breach sufficiently serious (at
our discretion) you agree that we may disconnect your service without
liability to you.
(4) Email enables a rapid, immediate and wide-spread response. You must not use the email
service for communication which is defamatory or contrary to generally
accepted community standards of behavior or good taste. While we do not
intend to be a censor, we have the right, at our discretion, to decide
what those standards are and to review your use of our services at any
time and to disconnect you if we consider that you have breached these
standards. If you defame anyone through your use of the email service
and we are sued, you agree that we have the right to recover all costs
and losses incurred by us as a result of your action from you directly
(5) We will make genuine efforts to provide you with a 24 hour, 7 days
a week help desk service (by email) to assist your enquiry.
(1) We each agree that the Internet is a medium which lacks consistent security
and confidentiality and we have the right to check your use of the system.
(2) We will take reasonable commercial efforts to protect your confidentiality.
However, you should assume that you use of our services is not confidential.
If we consider in our discretion that your use of our services is defamatory,
contrary to accepted community standards or illegal you acknowledge that
we have the right to disclose those activities to any person including the
news media and the police.
(3) We can check your use of the system for the purposes of ensuring that
your use is not breaching these terms and conditions or for assessing any
charges which may be payable by you.
(D) Use of Personal Information
If you are an individual, when you complete your application for our services you
authorise us and our agents to collect information about you and hold it
at our head office. We will use this information for statistical analysis
and to provide services to you and for marketing, private development and
research purposes. You authorise us and our agents to supply and disclose
personal information as to your credit-worthiness. Personal information
about you may be used to enable us, our agents and third parties selected
by us to access, maintain, investigate or market products or services. Under
the provisions of the Privacy Act 1993 you may request access to and correction
of your personal information. Requests must be in writing which includes
email. We may charge a fee for the reasonable costs incurred in responding
to these requests but we will disclose the costs to you before those costs
(E) Your Obligation to Pay Us
In return for access to our service, you agree to pay the specified subscription and
other charges (as notified on the ITSS web pages). In particular, you agree
(1) You will be billed in the first 5 days of each month, payment due on
the 10th day of the month of invoice. If the account is not paid by the
due date you are liable for a fee equivalent to 15% of the overdue portion
of your account, with a minimum fee of $10.00.
(2) If your account is overdue for a period of 2 months, or your account
will be closed and your details referred to our debt collection agency or
credit reference agency without notice to you.(your site will be disable
if your account is overdue for 14 days)
(3) You also agree to pay our reasonable costs incurred in recovering outstanding
amounts from you including debt collection and legal fees.
(4)Where total debt collection agency costs, legal and other costs arising
from collection of any amount owing by you exceed the debt collection fee
charged, you agree that our debt collection agent is also entitled to recover
those additional costs from you.
(5) You agree to give us not less than 30 days written notice that your
account is no longer required. Until we receive this notice your are responsible
for anything done with the services to which you have subscribed. Any charges
incurred through the use of those services are payable by you whether you
authorised them or not. For means of giving us notice see "Communications
(F) Communications and Notices
We can change or remove any of these terms and conditions at any time. These changes
include alterations to our pricing structure.
(1) We will inform you by email or posting a message in the appropriate
location on the system which includes (but is not limited to) posting a
message on the world wide web on our home page or any other appropriate
means including message of the day (MOTD).
(2) Once we have posted the email or other message you are deemed to have
received it, and if you have not terminated your subscription within 30
days or if you continue to use the services afterwards you are deemed to
have accepted the change.
(G) Other Things that we Can Do
We can terminate any of the services that you have subscribed for without notice
or liability to you if you breach these terms and conditions.
If your account is overdue at the time of disconnection, you will be unable
to reconnect for a minimum period of three hours. This allows customers
who pay their accounts on time to receive a relatively better grade of service
than those who do not.
that you have read this agreement and agree to abide by its terms. You agree
that this agreement constitutes the entire agreement between you and ITSS
and supersedes any other agreements (verbal or written) or statements. You
give ITSS the permission to either move your existing domain to our servers
or establish a new domain name on your behalf, as indicated above.